Commonwealth Numbered Regulations

CIVIL AVIATION AMENDMENT REGULATIONS 2003 (NO. 4) 2003 NO. 189 - SCHEDULE 2

(regulation 4)

[1] Subregulation 2 (1), definition of instrument approach procedure

omit

[2] Regulation 178

substitute

178 Minimum height for flight under I.F.R.

(1)

Subject to subregulation (4), the pilot in command of an aircraft flown along a route segment for which there is a published lowest safe altitude must not fly the aircraft at a height lower than the published lowest safe altitude.

Penalty:
50 penalty units.

(2)

Subject to subregulation (4), the pilot in command of an aircraft flown along a route segment for which there is no published lowest safe altitude must not fly the aircraft at a height lower than the lowest safe altitude calculated in accordance with a method for determining a lowest safe altitude that is determined by CASA under subregulation (6).

Penalty:
50 penalty units.

(3)

An offence against subregulation (1) or (2) is an offence of strict liability.

(4)

An aircraft may be flown along a route segment at a height less than the height that is applicable under subregulation (1) or (2):

(a)

during take-off or landing; or

(b) during arrival or departure, if the aircraft is being flown:

(i)

at a safe height above the terrain; and

(ii)

in accordance with any instructions published in AIP; or

(c)

during an authorised instrument departure procedure or authorised instrument approach procedure; or

(d)

if the aircraft is being flown by day in V.M.C.; or

(e)

if the aircraft is being flown in accordance with instructions from air traffic control.

(5)

This regulation has effect subject to regulation 157.

(6)

For the purposes of these Regulations, CASA may, in writing, determine any or all of the following:

(a)

a method of calculating a lowest safe altitude;

(b)

an instrument approach procedure;

(c)

an instrument departure procedure.

(7)

In this regulation:

"arrival" means the time during which an aircraft is descending for a landing at a rate that is reasonable under the circumstances.

"authorised instrument approach procedure "means an instrument approach procedure that:

(a)

either:

(i)

is designed by a certified designer or authorised designer; and

(ii)

is published in the AIP or given to CASA under Part 173 of CASR; or

(b)

is determined by CASA under subregulation (6).

"authorised instrument departure procedure "means an instrument departure procedure that:

(a)

either:

(i)

is designed by a certified designer or authorised designer; and

(ii)

is published in the AIP or given to CASA under Part 173 of CASR; or

(b)

is determined by CASA under subregulation (6).

"departure" means the time during which an aircraft is climbing after take-off at a rate that is reasonable under the circumstances.

"published lowest safe altitude" means a lowest safe altitude that:

(a)

is calculated in accordance with a method determined by CASA under subregulation (6); and

(b)

is published in the AIP or NOTAMS.

[3] Regulation 179, heading

substitute

179 Authorised instrument approach procedures to be used

[4] Regulation 179

omit

shall follow the instrument approach procedures approved in respect of the aerodromes used.

insert

must follow the authorised instrument approach procedures (within the meaning of regulation 178) for the aerodromes used.

[5] After regulation 323

insert

323A Transitional — determinations under regulation 178

(1)

A determination under paragraph 178 (1) (b) of the old regulations that was in force immediately before the commencement of this regulation has effect after the commencement as it were a determination under subregulation 178 (6) of the amended regulations.

(2)

A determination under subregulation 178 (5) of the old regulations that was in force immediately before the commencement of this regulation has effect after the commencement as it were a determination under subregulation 178 (6) of the amended regulations.

(3)

In this regulation:

"amended regulations "means CAR as in force and as amended from the commencement of this regulation.

"old regulations "means CAR as in force immediately before the commencement of this regulation.